I-485 Portability with EAD...Please advice

[khosla_ra]

My I-140 is approved and I-485 is pending also I have my EAD and it doen't expire until the end of the year. Also 180 days have just passed since I got my ND for I-485.

In the event I am laid off is there a probelm if I cannot start to work with another company immidiately (i.e don't find a similar job immidiatley?) and have to stay at home for a while (hopefully short time) before I start my job.

Does my I-485 get revoked because I'm no longer working with the sponsoring employer.

Do I need to get my I-485 transferred using AC-21 clause immidiately to be in some sort of "status"

I would be grateful of advise on the procedure about how portability works in this case.


Thanks.

 

[iyersv]

I believe you could be in a spot only if a RFE comes (if it comes) at the time you are not in a job or holding a position that is not similar to your LC. Till that time you should be cool. You could even be lucky and get approved without a RFE. In your case, I might not infom INS till I get an RFE .

Hope this helps.

 

[bijgc]

Mine is the exact same case

Hi,

Read your posting and found that I was in a similar situation until I found a permanent job in a "similar" position. The titles do not match exactly but are similar occupations. I joined exactly after completing 180 days. I was laid off prior to that and didn't have a job for a while, thanks to the economy. (There's no rule that states that you should be employed, but your I-140 should be approved and 485 pending for you to be better off. Once you get a position just shift over and send information if you get an RFE.

I was advised by my attorney to just send the change of address to INS which is mandatory if you move. Rest will wait till an RFE/INS notification comes, so that I can tie my change information under AC-21 portability to a case.

Thanks and good luck!

Cheers.